BIO-LAB, INC. v. PONY EXP. COURIER CORP.

No. 89-7744.

911 F.2d 1580 (1990)

BIO-LAB, INC., Plaintiff-Appellee, v. PONY EXPRESS COURIER CORPORATION, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

September 20, 1990.


Attorney(s) appearing for the Case

Roy W. Scholl, III, Scholl & Scholl, Birmingham, Ala., for defendant-appellant.

Daniel J. Burnick, Sirote & Permutt, PC, Birmingham, Ala., for plaintiff-appellee.

Before HATCHETT, Circuit Judge, RONEY and FAIRCHILD, Senior Circuit Judges.


FAIRCHILD, Senior Circuit Judge.

Bio-Lab, Inc. contracted with Pony Express Courier Corporation to deliver a shipment of human blood from Birmingham, Alabama, to Norcross, Georgia. The shipment was apparently lost, for it was never delivered. Bio-Lab filed this diversity suit to recover the shipment's declared value, $10,789.77. Pony Express conceded liability for losing the shipment, but claimed that its contract with Bio...

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